[Federal Register Volume 87, Number 221 (Thursday, November 17, 2022)]
[Rules and Regulations]
[Pages 68889-68891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-24988]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2022-0984; Project Identifier MCAI-2022-00236-T; 
Amendment 39-22207; AD 2022-21-08]
RIN 2120-AA64


Airworthiness Directives; Embraer S.A. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for 
certain Embraer S.A. Model EMB-545 airplanes. This AD was prompted by 
an error that was detected in the airplane takeoff configuration 
warning logic. The error prevents the system from sounding an aural 
alert ``No Takeoff Trim'' for the flightcrew. This AD requires the 
installation of a new software version of engine indication and crew 
alert system (EICAS), as specified in an Ag[ecirc]ncia Nacional de 
Avia[ccedil][atilde]o Civil (ANAC) AD, which is incorporated by 
reference. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD is effective December 22, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of a certain publication listed in this AD as of December 22, 
2022.

ADDRESSES:
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2022-0984; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this final rule, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
address for Docket Operations is U.S. Department of Transportation, 
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 
New Jersey Avenue SE, Washington, DC 20590.
    Material Incorporated by Reference:
     For material incorporated by reference (IBR) in this AD, 
contact ANAC, Aeronautical Products Certification Branch (GGCP), Rua 
Dr. Orlando Feirabend Filho, 230--Centro Empresarial Aquarius--Torre 
B--Andares 14 a 18, Parque Residencial Aquarius, CEP 12.246-190--
S[atilde]o Jos[eacute] dos Campos--SP, Brazil; telephone 55 (12) 3203-
6600; email anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this 
IBR material on the ANAC website at sistemas.anac.gov.br/certificacao/
DA/DAE.asp.
     You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., Des 
Moines, WA. For information on the availability of this material at the 
FAA, call 206-231-3195. It is also available in the AD docket at 
regulations.gov under Docket No. FAA-2022-0984.

FOR FURTHER INFORMATION CONTACT: Hassan Ibrahim, Aerospace Engineer, 
Large Aircraft Section, FAA, International Validation Branch, 2200 
South 216th St., Des Moines, WA 98198; telephone 206-231-3653; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to certain Embraer S.A. 
Model EMB-545 airplanes. The NPRM published in the Federal Register on 
July 29, 2022 (87 FR 45707). The NPRM was prompted by AD 2022-02-02, 
effective February 23, 2022, issued by ANAC, which is the aviation 
authority for Brazil (referred to after this as the MCAI). The MCAI 
states that an error was detected in the airplane takeoff configuration 
warning logic. The error prevents the system from sounding an aural 
alert ``No Takeoff Trim'' for the flightcrew, if the pitch trim is in a 
position that would not allow a safe takeoff (positioned out of the 
green band indication).
    In the NPRM, the FAA proposed to require installation of a new 
software version of EICAS, as specified in ANAC

[[Page 68890]]

AD 2022-02-02. The FAA is issuing this AD to address the lack of sound 
aural alert ``No Takeoff Trim'' to the flightcrew on a possibly 
misconfigured airplane, which could result in loss of airplane 
controllability.
    You may examine the MCAI in the AD docket at regulations.gov under 
Docket No. FAA-2022-0984.

Discussion of Final Airworthiness Directive

Comments

    The FAA received no comments on the NPRM or on the determination of 
the cost to the public.

Conclusion

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, it 
has notified the FAA of the unsafe condition described in the MCAI 
referenced above. The FAA reviewed the relevant data and determined 
that air safety requires adopting this AD as proposed. Accordingly, the 
FAA is issuing this AD to address the unsafe condition on this product. 
Except for minor editorial changes, this AD is adopted as proposed in 
the NPRM. None of the changes will increase the economic burden on any 
operator.

Related Service Information Under 1 CFR Part 51

    ANAC AD 2022-02-02 specifies procedures for installation of a new 
software version of EICAS.
    This material is reasonably available because the interested 
parties have access to it through their normal course of business or by 
the means identified in the ADDRESSES section.

Costs of Compliance

    The FAA estimates that this AD affects 41 airplanes of U.S. 
registry. The FAA estimates the following costs to comply with this AD:

                                      Estimated Costs for Required Actions
----------------------------------------------------------------------------------------------------------------
                                                                                    Cost per       Cost on U.S.
                          Labor cost                              Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
3.5 work-hours x $85 per hour * = $297.50....................  ...............         $297.50       $12,197.50
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* The FAA has received no definitive data on which to base the cost estimates for the parts specified in this
  AD.

    According to the manufacturer, some or all of the costs of this AD 
may be covered under warranty, thereby reducing the cost impact on 
affected individuals. The FAA does not control warranty coverage for 
affected individuals. As a result, the FAA has included all known costs 
in the cost estimate.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    This AD will not have federalism implications under Executive Order 
13132. This AD will not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Will not affect intrastate aviation in Alaska, and
    (3) Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

2022-21-08 Embraer S.A.: Amendment 39-22207; Docket No. FAA-2022-
0984; Project Identifier MCAI-2022-00236-T.

(a) Effective Date

    This airworthiness directive (AD) is effective December 22, 
2022.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Embraer S.A. Model EMB-545 airplanes, 
certificated in any category, as identified in Ag[ecirc]ncia 
Nacional de Avia[ccedil][atilde]o Civil (ANAC) AD 2022-02-02, 
effective February 23, 2022 (ANAC AD 2022-02-02).

(d) Subject

    Air Transport Association (ATA) of America Code 27, Flight 
Controls.

(e) Unsafe Condition

    This AD was prompted by an error that was detected in the 
airplane takeoff configuration warning logic. The error prevents the 
system from sounding an aural alert ``No Takeoff Trim'' for the 
flightcrew, if the pitch trim is in a position that would not allow 
a safe takeoff (positioned out of the green band indication). The 
FAA is issuing this AD to address the lack of sound aural alert ``No 
Takeoff Trim'' to the flightcrew on a possibly misconfigured 
airplane, which could result in loss of airplane controllability.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Requirements

    Except as specified in paragraphs (h) and (i) of this AD: Comply 
with all required

[[Page 68891]]

actions and compliance times specified in, and in accordance with, 
ANAC AD 2022-02-02.

(h) Exceptions to ANAC AD 2022-02-02

    (1) Where ANAC AD 2022-02-02 refers to its effective date, this 
AD requires using the effective date of this AD.
    (2) The ``Alternative methods of compliance (AMOC)'' section of 
ANAC AD 2022-02-02 does not apply to this AD.
    (3) Where paragraph (b) of ANAC AD 2022-02-02 specifies 
acceptable higher software versions, replace ``For higher software 
versions, use the applicable Service Bulletin recommended by the 
Manufacturer'' with ``For higher software versions, use the 
applicable Service Bulletin approved by ANAC and recommended by the 
Manufacturer.''

(i) No Reporting Required

    Although the service information referenced in ANAC AD 2022-02-
02 specifies to submit certain information to the manufacturer, this 
AD does not include that requirement.

(j) Additional AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the International 
Validation Branch, send it to the attention of the person identified 
in paragraph (k) of this AD. Information may be emailed to: [email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the responsible Flight Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or ANAC; or ANAC's authorized Designee. If 
approved by the ANAC Designee, the approval must include the 
Designee's authorized signature.

(k) Additional Information

    For more information about this AD, contact Hassan Ibrahim, 
Aerospace Engineer, Large Aircraft Section, FAA, International 
Validation Branch, 2200 South 216th St., Des Moines, WA 98198; 
telephone 206-231-3653; email [email protected].

(l) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference of the service information listed in this 
paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC) 
AD 2022-02-02, effective February 23, 2022.
    (ii) [Reserved]
    (3) For ANAC AD 2022-02-02, contact ANAC, Aeronautical Products 
Certification Branch (GGCP), Rua Dr. Orlando Feirabend Filho, 230--
Centro Empresarial Aquarius--Torre B--Andares 14 a 18, Parque 
Residencial Aquarius, CEP 12.246-190--S[atilde]o Jos[eacute] dos 
Campos--SP, Brazil; telephone 55 (12) 3203-6600; email 
anac.gov.br">pac@anac.gov.br; website anac.gov.br/en/. You may find this ANAC AD 
on the ANAC website at sistemas.anac.gov.br/certificacao/DA/DAE.asp.
    (4) You may view this material at the FAA, Airworthiness 
Products Section, Operational Safety Branch, 2200 South 216th St., 
Des Moines, WA. For information on the availability of this material 
at the FAA, call 206-231-3195.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on October 3, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2022-24988 Filed 11-16-22; 8:45 am]
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